Grandparents often play a significant role in a child’s life and may have regular contact with their grandchildren, offering stability, care and a sense of family identity. Sadly, following separation, divorce, or wider family conflict, grandparents can find themselves suddenly cut off from grandchildren.
In family law, ‘contact’ includes direct contact (time together in person) and indirect contact (for example, phone calls, video calls, letters or messages), where appropriate for the child.
If contact has broken down, there are practical and legal options in England and Wales to help rebuild that relationship, starting with informal steps and, where necessary, progressing to the Family Court.
What are grandparents’ rights in England and Wales?
In England and Wales, grandparents do not have an automatic legal right to see, speak to, or spend time with their grandchildren. Parents (or anyone with parental responsibility) usually decide who a child has contact with day-to-day.
However, the Family Court recognises that a positive relationship with grandparents is often beneficial for a child. Where it is safe and, in the child’s best interests, the Court can make an order for a grandchild to have contact with a grandparent.
Can a parent stop a grandparent having contact?
A parent can refuse contact in practice, because grandparents do not have automatic rights. That can feel unfair, particularly where grandparents have had a close and loving relationship with the child.
A refusal does not necessarily mean contact cannot be restored. If agreement cannot be reached informally, grandparents can consider mediation and, in appropriate cases, making a court application.
How can grandparents arrange contact?
1) Try to agree arrangements informally
Court proceedings can be stressful, time-consuming and costly, and they may increase conflict within the family. Where possible, it is usually better to agree a plan outside of court.
Depending on the circumstances, this could include:
- a regular visiting routine
- school holiday time
- agreed phone/video calls
- special occasions (birthdays, celebrations)
If direct conversation is difficult, a carefully worded letter (or solicitor-led correspondence) can sometimes help re-open communication in a calmer way.
2) Consider family mediation (MIAM)
Before making most applications to the Family Court, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM). This meeting assesses whether mediation could help resolve the dispute without court proceedings.
Mediation can be particularly helpful where the issue is communication breakdown rather than safety. There are exemptions in some cases, including certain urgent or safeguarding-related situations.
3) Apply for permission to apply to court (leave)
Because grandparents do not have automatic rights, they usually must ask the Court for permission before applying for an order about contact.
When deciding whether to grant permission, the Court will consider factors including but not limited to:
- the connection between the grandparent and the child
- the nature of the application
- whether the application might cause the child harm, including through harmful conflict or disruption
A grandparent does not need to apply for permission to make a court application if:
- the child has lived with them for 3 years
- they have the consent of all persons with parental responsibility for the child
4) Apply for a Child Arrangements Order
If permission is granted (or not required on the facts), a grandparent can apply for a Child Arrangements Order. This can provide for:
- Direct contact (time together in person), and/or
- Indirect contact (phone calls, video calls, letters, cards, messages)
During proceedings, Cafcass may carry out safeguarding checks and speak to the parties. The Court may also consider a child’s wishes and feelings depending on age and understanding.
Options for grandparents to restore contact
| Option | What it involves | Best for |
| Informal agreement | Agree a practical routine with the parents (sometimes confirmed in writing) | Communication is still possible and there are no safeguarding concerns |
| Mediation (MIAM + sessions) | A mediator helps explore and record a child-focused agreement | Misunderstandings, communication breakdown, or conflict that may be resolved |
| Court application (permission + order) | Ask the Court for permission to apply, then apply for a Child Arrangements Order | Contact is blocked and agreement cannot be reached |
| Indirect contact | Calls, video calls, letters/cards, messages (age-appropriate and agreed) | Distance, rebuilding the relationship, or interim arrangements |
| Enforcement (if an order is ignored) | Further application to the Court if an existing order is not complied with | A court order exists but contact is not complied with by the parents or the child |
What will the Court consider when deciding contact?
The Court’s overriding priority is always the welfare of the child. Every case turns on its facts, but the Court commonly considers:
- the child’s emotional, physical and educational needs
- the likely effect of reintroducing, changing or refusing contact
- the child’s wishes and feelings, depending on age and understanding
- the history and quality of the grandparent–grandchild relationship
- any risk of harm or safeguarding concerns
- practical arrangements (school routine, travel, handovers and distance)
The Court will not make an order simply because a grandparent wants contact. Equally, where contact is safe, child-focused and beneficial, the Court may consider it important to support that wider family relationship.
What if you live far away or face-to-face contact is difficult?
Distance does not automatically prevent a meaningful relationship. Where face-to-face contact is difficult, because of relocation, travel costs, or practicalities, indirect contact can help maintain the bond, such as:
- scheduled video calls
- regular telephone calls
- letters, cards and small updates
- agreed messaging (where appropriate)
Indirect contact can also be used as a temporary step to rebuild trust and consistency, especially if direct contact has not happened for some time.
What if a Court order is made but contact still does not happen?
If a Child Arrangements Order is in place and contact is repeatedly refused without good reason, it may be possible to apply back to the Court. The Court has powers to address non-compliance, but it will continue to focus on what arrangement best supports the child’s welfare. A formal application is required to enforce a child arrangements order that is not being complied with.
Because enforcement situations can escalate conflict quickly, it is sensible to seek legal advice promptly about the most proportionate next step.
Grandparents’ rights FAQs
Do grandparents have rights to see their grandchildren in the UK?
In England and Wales, grandparents do not have an automatic legal right to contact. However, the Family Court can make an order for contact where it is in the child’s best interests if certain criteria are met
Can I take my son or daughter to court to see my grandchild?
It may be possible. Grandparents usually need to attend a MIAM first and then ask the Court for permission to apply for a Child Arrangements Order unless specific criteria are met where permission is not required
Can a parent legally stop grandparents seeing a grandchild?
A parent can refuse contact in practice because grandparents do not have automatic rights. If informal steps and mediation do not work, grandparents can consider a court application.
Do grandparents have to go to mediation before going to court?
Usually, yes. Most applicants must attend a MIAM before applying, unless an exemption applies (for example, certain urgent or safeguarding-related situations).
What is the difference between direct and indirect contact?
Direct contact means time together in person. Indirect contact means staying in touch in other ways, such as phone calls, video calls, letters or messages, where appropriate for the child.
Will the Court order contact for grandparents?
The Court’s priority is always the child’s welfare. If contact is safe, child-focused and beneficial, the Court may make an order. If there are safeguarding concerns or the situation would be harmful for the child, it may not. Every case is different and a judges decision will be based on the facts of that particular case.
How long does it take to get grandparents’ contact sorted?
There is no fixed timeframe. Matters can be resolved quickly if agreement is reached, but court proceedings can take longer depending on the issues that need to be determined, any safeguarding issues that need to be resolved, the number of hearings needed and the level of dispute.
What if I have not seen my grandchild for a long time?
It may still be possible to rebuild contact. Depending on the circumstances, this may start with indirect contact or a gradual reintroduction plan, always guided by the child’s best interests
Contact a Specialist Children Law Solicitor
If you are a grandparent who has lost contact with your grandchild, early advice can help you understand your options, avoid missteps, and keep matters focused on the child’s welfare.
If you would like advice about grandparents’ rights, mediation, or applying for a Child Arrangements Order, please contact one our one of Children Law Solicitors or call us on 020 8492 2290.
